Madison Circuit Court Document Filing Requirements

CRITICAL

Applies to

Entry of appearance

An entry of appearance is general unless counsel specifies otherwise on the record; a limited-purpose appearance must specify the limited nature of the representation.

Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Proposed decree

Counsel for the parties must draft and submit a proposed decree with the Commissioner's findings, conclusions, and recommendations.

The Commissioner's Findings of Fact, Conclusions of Law, and Recommendations shall be submitted to the Court, along with a proposed decree . Such proposed decree shall be drafted and submitted by counsel of the parties

CRITICAL

Applies to

First responsive pleading

Counsel who do not reside in Kentucky must designate in writing, when filing the first responsive pleading, a Kentucky Bar member in the state to receive notices and papers.

whenever a party to a case is , represented by counsel not residing within the Commonwealth of Kentucky, such counsel shall designate in writing, at the time the first responsive pleading is filed, some member of the Kentucky Bar Association residing within this state upon whom notices and papers may be served .

CRITICAL

Applies to

Summons

When a case is reassigned or transferred, the issuing judge must re-issue a summons for hearing before the receiving judge.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons for the matter to be heard by the receiving judge.

CRITICALCivil cases

Applies to

Motion

A motion that could require supportive testimony must be verified or supported by affidavits.

All motions which could require supportive testimony shall be verified or supported by affidavits

CRITICALCivil cases

Applies to

Cross reference data sheet

A Petitioner or Movant must file a court-approved Cross Reference Data Sheet with the initial pleading, except for after-hours emergency protective-order or emergency-custody petitions.

simultaneous with the filing of auy initial pleading, the Petitioner or Movant shall also file with the clerk a Cross Reference Data Sheet on a form approved by the Court. The only exceptions to this requirement shall be after-hours Petitions for Emergency Protective Orders or Emergency Custody Orders.

CRITICAL

Applies to

Motion to assign

A petitioner choosing an oral hearing before the Commissioner must file a motion to assign the case for hearing.

To exercise the option to have the case heard orally, Petitioner shall file a motion to assign for hearing before the Commissioner .

CRITICAL

Applies to

Default judgment motion

The motion must be accompanied by a certificate of the attorney that no papers have been served upon him by the party in default, or by anyone in his behalf .

The motion must be accompanied by a certificate of the attorney that no papers have been served upon him by the party in default, or by anyone in his behalf .

CRITICALCivil cases

Applies to

Uncontested final hearing

A child support worksheet must be provided in uncontested cases involving minor children.

In uncontested cascs involving minor children. a child support workshect shall be provided so the Court can determine whether any deviation therefrom is proper.

CRITICAL

Applies to

Notice of submission

A party seeking summary judgment, dismissal, or interlocutory relief must file a notice of submission with the Clerk and provide a copy to the judge.

A party seeking Summary Judgment, Dismissal (in whole or in part) or any Interlocutory relief shall file a notice of submission with the Clerk, along with a copy of same 'to the judge so that matters may be efficiently addressed by the Court .

CRITICAL

Applies to

Financial disclosure form

The brief must contain a detailed financial disclosure form listing the parties' assets, identifying marital and non-marital property, and proposing an equitable division.

containing a detailed financial disclosure form listing the parties' assets, defining as to marital or non- marital property, and proposing a fair and equitable division of such property

CRITICAL

Applies to

Initial order or judgment

Must include

caption

The initial order or judgment served on the Commissioner must identify all parties in its caption or style and provide counsel and representation details, including mailing addresses for unrepresented parties, on the last page.

The initial Order or Judgment served upon the Commissioner shall contain in the caption or style, the names of all parties ; and shall include in the last page, the names and addresses of all counsel, the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties .

CRITICAL

Applies to

Commissioner report or memorandum

When directed by an order or judgment to act, the Commissioner must report the action taken in a report or memorandum.

The Commissioner shall, when directed by order or Judgment to take any action, report the action taken by means of a report or memorandum, in order that the record shall be complete in all respects .

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order or judgment shall be tendered with any motion.

A proposed order or judgment shall be tendered with any motion.

CRITICAL

Applies to

Child support worksheet

A child support worksheet must be completed and filed in every case.

A worksheet shall be completed and filed in each case

CRITICAL

Applies to

Trial brief

A party claiming damages must include an itemized statement of damages and amounts claimed in its trial brief.

Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.

CRITICAL

Applies to

Motion for leave to inquire of jurors

After trial, counsel must file a motion for leave before contacting a juror, and the motion must specify its purpose and the nature of the inquiry.

12 .15 Contact with Jurors : After conclusion of a trial, no attorney, nor his/her representative, shall contact a juror without first filing a motion requesting leave of court to make inquiry of jurors . The motion shall state with specificity the purpose of the motion and the nature of the inquiry .

CRITICAL

Applies to

Agreement

An agreement filed of record must be signed by both parties, also signed by counsel for a represented party, and signed and acknowledged before an authorized person for an unrepresented party.

All agreements between parties filed of record must be signed by both parties . In the event that a party is represented by counsel, the agreement must also be signed by counsel . If a party is not represented by counsel, such agreements must be signed and acknowledged before a person authorized to take acknowledgements under KRS 382 .140 and KRS 348 .380

CRITICALCivil cases

Applies to

Agreement waiving disclosures

A Separation Agreement or Agreed Order waiving disclosures must acknowledge the parties' right to receive disclosures and their agreement to waive them.

The partics' Separation Agreement or Agreed Order waiving disclosures acknowledges their right to receive disclosures from the other party and their agreement to waive disclosures.

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must file a written entry of appearance unless the appearance is apparent from filed pleadings.

In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Alternative order or judgment

If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Verified factual disclosure forms

In contested cases, verified factual disclosure forms must be filed and served on every other party at least 10 days before the hearing, or, if proof will be taken by deposition, at least 10 days before the first deposition.

In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition

CRITICAL

Applies to

Trial docket

The Clerk must make the upcoming or ongoing Trial Docket available to every member of the local bar, showing each trial case’s number, style, assignment date, and attorneys.

The Clerk of each circuit court shall prepare and make available to every member of the particular local bar a copy of the upcoming or ongoing Trial Docket which shall reflect the case number, style and date of assignment of every case assigned for trial . Names of the attorneys for each litigant shall also be shown on the docket .

CRITICAL

Applies to

Opposition

Opposing briefs must present the controversy in the same manner, but may restate facts or issues only as needed to correct errors, inaccuracies, or omissions in the adversary's presentation.

The brief for the opposing parties shall present the controversy in the same manner as described above, except that it shall not restate the facts or the issues further than necessary to correct errors, inaccuracies or omissions in the adversary's presentation of the controversy .

CRITICAL

Applies to

Motion to assign final trial

A motion to assign a final trial must be accompanied by the filing party's mandatory verified factual disclosure form.

A motion to assign proceedings for final trial shall be accompanied by a verified factual disclosure form for the party filing the motion . Said verified factual disclosure form is attached to these rules and is mandatory .

CRITICAL

Applies to

Notice of representation

Attorneys seeking credit for qualifying donated representation must send Legal Services a Notice of Representation and the client's eligibility form.

Attorneys choosing to donate legal services to an eligible client who has not been referred to the panel by Legal Services, in order to receive credit for representing said clients pursuant to LR25JC XIX, shall complete and forward to Legal Services a Notice of Representation of client, along with Legal Services form reflecting the clients eligibility .

CRITICAL

Applies to

Order or judgment

An order or judgment requiring Clerk notification must include, immediately below its date, a notation directing the Clerk’s attention to service under Kentucky Rule of Civil Procedure 77.04.

Any Order or Judgment which the Clerk must give notification shall contain a notation immediately below the date of the Order calling to the Clerk's attention the fact that the Order should be served pursuant to Rule 77 .04 of the Kentucky Rules of Civil Procedure

CRITICALCivil cases

Applies to

Petition

The reviewing judge must identify in the petition's “Court Action” section whether the action arises under KRS Chapter 403 or Chapter 456.

The judge reviewing a petition for any order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICALCivil cases

Applies to

Agreement filed of record

If a party is represented by counsel, counsel must also sign the agreement.

In the event that a party is represented by counsel, the agreement must also be signed by counsel.

WARNING

Applies to

Trial brief

The Court may require each party to submit a short trial brief stating the facts and law on which the party will rely, and may set the filing time.

In the pre-trial order, the Court may require each party to submit a trial brief consisting of a short memorandum of his view of the facts and law on which he will rely, and may fix the time for filing such briefs .

WARNING

Applies to

Agreed order

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk before the call.

If an agreed order signed by counsel for all parties affected is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket

WARNINGCivil cases

Applies to

Verified disclosures

The Court may later order verified disclosures to be filed despite the parties' agreement to waive them.

the Court may subsequently order the filing of verified disclosures despite the parties' agreement to waive said disclosures.

WARNINGCivil cases

Applies to

Agreed order waiving verified disclosures

The parties may waive filing preliminary or final Verified Disclosure Statements by agreed order only when their agreement resolves all issues between them.

The parties may enter into an agreed order waiving the filing of preliminary and/or final Verified Disclosure Statements (AOC-238 and AOC-239) only in the following circumstances: Purusant to FCRPP 3, the parties have entered into an agreement which resolves all issues between them.

WARNING

Applies to

Response

A party properly served with a motion accompanied by a supporting statement or memorandum may file a response with supporting-authority citations by the time stated in the hearing notice.

Any party, properly served with a motion accompanied by a statement or memorandum of law supporting said motion, may file a response containing either a statement or memorandum of law, with citation of supporting authorities, at or prior to the time specified in the notice of hearing of the motion

WARNING

Applies to

Motion to withdraw as counsel

When an attorney of record desires to cease to act for a party, he/she should move the Court to allow him/her to withdraw as attorney of record .

When an attorney of record desires to cease to act for a party, he/she should move the Court to allow him/her to withdraw as attorney of record .

WARNING

Applies to

Pretrial instructions

Unless good cause is shown or the Court directs otherwise, parties must submit written instructions stating their then-current understanding of the issues and law at or before the pre-trial conference.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following prior to a Pre-Trial Conference: a. Pleadings completed and issues defined; b. Discovery proceedings completed; c. At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

WARNING

Applies to

Exhibit

If an exhibit referred to as part of a pleading is not filed, the opposing party need not respond until it is filed and may require its filing, with dismissal or striking of the pleading as a possible consequence.

If any exhibit (or copy of exhibit) referred to in a pleading as a part thereof be not filed, the opposing party shall not be required to file a responsive pleading thereto until the same shall have been filed ; but at his/her election, the opposing party may require such exhibit to be filed under the penalty of the pleading being dismissed or stricken from , the record .

INFOCivil cases

Applies to

Preliminary verified disclosure statement

Parties are not required to file Preliminary Verified Disclosure Statements in the record.

Pursuant to FORPP (3), parties are not required to file Preliminary Veritied Disclosure Statements (PVDS) in the record.

INFO

Applies to

Motion

Attorneys are requested to provide the Clerk, orally or in an appended note when filing, with a succinct summary of the motion's nature.

All attorneys are requested to state to the Clerk, in as succinct summary as possible, the nature of the motion to be heard when it is filed (either orally or by an appended note), such as : "Motion to Dismiss" ; "Objection to Interrogatories", "Contempt : Child Support" ; "Submit for Judgment" ; "Default Judgment" ; etc ., and the Clerk is directed to make suitable notation of same on the Motion Docket

INFO

Applies to

Motion

Moving counsel may support a motion with a brief written statement or a memorandum of law.

Moving counsel may also accompany any motion with a brief written statement, or file a memorandum of law, supporting said motion

INFO

Applies to

Trial brief

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs.

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs.

INFO

Applies to

Order or judgment

At the Court’s request, counsel in whose favor an order or judgment is rendered may prepare it.

All orders and judgments of the Court may, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.